BILL NUMBER: SB 606	CHAPTERED  10/10/99

	CHAPTER   745
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 2, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 7, 1999
	AMENDED IN SENATE   MAY 11, 1999
	AMENDED IN SENATE   APRIL 14, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator O'Connell

                        FEBRUARY 23, 1999

   An act to amend Sections 25160, 25165, 25175, and 25250.8 of, and
to add Section 25250.26 to, the Health and Safety Code, relating to
hazardous waste.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 606, O'Connell.  Hazardous waste:  transportation:  recycling.
   (1) Existing law requires any person generating hazardous waste
that is transported, or submitted for transportation, for offsite
handling, treatment, storage, disposal, or any combination thereof,
to complete a manifest prior to the time the waste is transported or
offered for transportation and to submit the manifest to the
Department of Toxic Substances Control.  A generator is required to
submit to the department, within 30 days from the date of transport,
a legible copy of each manifest used.
   This bill would exempt the generator copy of the manifest from the
requirement that it be submitted to the department for any waste
transported in compliance with specified procedures, if the
generator, transporter, and facility are all identified by the same
EPA identification number on the hazardous waste manifest, except as
specified.
   (2) Existing law allows used oil to be manifested for
transportation under a modified manifesting procedure, which may be
used only by a registered hazardous waste hauler and with the consent
of the generator.
   This bill would revise that provision to apply to hazardous waste
transporters and would additionally include, within that modified
manifesting procedure, antifreeze, oil/water separation sludge, and
parts cleaning solvent, pursuant to specified requirements.  The bill
would require a hazardous waste transporter that transports, or
intends to transport, these hazardous wastes pursuant to this
modified manifesting procedure, to include a specified statement in
the transporter's application for registration.
   (3) Existing law requires the department to adopt a list of
specified hazardous wastes that the department finds are economically
and technologically feasible to recycle.  The department is allowed
to list a hazardous waste as recyclable only if it makes a specified
determination.  Existing law authorizes the department, whenever any
waste on the list is disposed of by a person, to request, and the
producer or disposer of that waste is required to supply the
department with, a specified statement.  Under existing law, if,
after receipt of the statement, the department makes specified
findings, the disposer of the hazardous waste is required to recycle
the hazardous waste.  A violation of the laws regulating hazardous
waste is a crime.
   This bill would instead require the department to prepare and
adopt, by regulation, a list, and on or before January 1, 2002, and
when appropriate thereafter, to revise, by regulation, a list of
wastes that are feasible to recycle either onsite or at an offsite
commercial hazardous waste recycling facility in the state.
   The bill would authorize the department, whenever any hazardous
waste on the list is transported offsite for disposal, to require the
generator of that waste to supply the department with a formal,
complete, and detailed statement justifying why the waste was not
recycled.  The bill would require the department to give priority to
sending the request to specified generators.
   The bill would require the department, by July 1, 2000, to
establish an advisory committee, consisting of representatives of
specified businesses and organizations, to advise the department on
the development of the regulations required or authorized by these
recycling requirements and on the department's implementation of
those requirements.
   The bill would require the department to establish a procedure, by
January 1, 2002, to verify the disposal of a listed hazardous waste
of and to adopt regulations, by January 1, 2002, to perform specified
duties regarding the exchange of hazardous waste.
   The bill would require the department, if it finds the recycling
of the hazardous waste to be feasible, to require the generator to
recycle any of the hazardous waste to which the finding of the
department applies and would also subject a generator who does not
comply with such a notice to a specified fee.
   (4) Existing law defines "used oil" for purposes of the provisions
regulating the handling of used oil and provides specified standards
of purity for recycled oil, including a specified amount of total
polychlorinated biphenyls (PCBs).  Existing law requires any person
who generates, receives, stores, transfers, transports, treats, or
recycles used oil to comply with the hazardous waste control law,
except as specified.  A generator claiming used oil is exempt from
regulation by the department is required to ensure that the used oil
is tested and certified as being in compliance with specified
standards before the used oil is transported from the generator
location.  A violation of the laws regulating used oil is a crime.
   This bill would require a generator of used oil that is not a used
oil collection center or a household waste collection facility,
which transfers used oil to a used oil recycling facility, to certify
to the transporter that the used oil meets the definition of used
oil and does not contain more than a specified concentration of PCBs.
  The bill would impose a specified amount of liability upon a
generator who submits a false certification.
   (5) Since a violation of the bill's requirement concerning
recyclable hazardous waste and used oil would be a crime, the bill
would impose a state-mandated local program by creating a new crime.

  (6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 25160 of the Health and Safety Code is amended
to read:
   25160.  (a) For purposes of this chapter, "manifest" means a
shipping document originated and signed by a generator of hazardous
waste that contains all of the information required by the department
and that complies with all applicable federal and state regulations.

   (b) (1) Any person generating hazardous waste which is
transported, or submitted for transportation, for offsite handling,
treatment, storage, disposal, or any combination thereof, shall
complete a manifest prior to the time the waste is transported or
offered for transportation, and shall designate on that manifest the
facility to which the waste is to be shipped for the handling,
treatment, storage, disposal, or combination thereof.  The manifest
shall be completed, as required by the department.  The generator
shall provide the manifest to the person who will transport the
hazardous waste, who is the driver, if the hazardous waste will be
transported by vehicle, or the person designated by the railroad
corporation or vessel operator, if the hazardous waste will be
transported by rail or vessel.  The generator shall use the standard
California Uniform Hazardous Waste Manifest supplied by the
department for all shipments of hazardous waste for which a manifest
is required, except as provided in paragraph (2).  A manifest shall
only be used for the purposes specified in this chapter, including,
but not limited to, identifying materials that the person completing
the manifest reasonably believes are hazardous waste.  Within 30 days
from the date of transport, or submission for transport, of
hazardous waste, each generator of that hazardous waste shall submit
to the department a legible copy of each manifest used.  The copy
submitted to the department shall contain the signatures of the
generator and the transporter.  In lieu of submitting a copy of each
manifest used, a generator may submit an electronic report to the
department meeting the requirements of Section 25160.3.
   (2) Any person generating hazardous waste which is transported, or
submitted for transportation, for offsite handling, treatment,
storage, disposal, or any combination thereof, outside of the state,
shall complete, whether or not the waste is determined to be
hazardous by the importing country or state, a standard California
Uniform Hazardous Waste Manifest, or the generator shall complete, in
its own form of manifest, the manifest required by the receiving
state and shall submit a copy of that manifest to the department
within 30 days from the date of the transport, or submission for
transport, of the hazardous waste.  In lieu of submitting a copy of
each manifest used, a generator may submit an electronic report to
the department meeting the requirements of Section 25160.3.
   (3) Within 30 days from the date of transport, or submission for
transport, of hazardous waste out of state, each generator of that
hazardous waste shall submit to the department a legible copy of each
manifest used.  The copy submitted to the department shall contain
the signatures of the generator, all transporters, excepting
intermediate rail transporters, and the out-of-state facility
operator.  If within 35 days from the date of the initial shipment,
or for exports by water to foreign countries, 60 days after the
initial shipment, the generator has not received a copy of the
manifest signed by all transporters and the facility operator, the
generator shall contact the owner or operator of the designated
facility to determine the status of the hazardous waste and to
request that the owner or operator immediately provide a signed copy
of the manifest to the generator.  If within 45 days from the date of
the initial shipment or, for exports by water to foreign countries,
90 days from the date of the initial shipment, the generator has not
received a copy of the signed manifest from the facility owner or
operator, the generator shall submit an exception report to the
department.
   (4) For shipments of waste that do not require a manifest pursuant
to Title 40 of the Code of Federal Regulations, the department, by
regulation, may establish manifest requirements that differ from the
requirements of this subdivision.  The requirements for an
alternative form of manifest shall ensure that the hazardous waste is
transported by a registered hazardous waste transporter, that the
hazardous waste is tracked, and that human health and safety and the
environment are protected.
   (5) (A) Notwithstanding any other provision of this subdivision,
except as provided in subparagraph (B),  the generator copy of the
manifest is not required to be submitted to the department for any
waste transported in compliance with the modified manifest procedures
that are not in conflict with this paragraph and that are set forth
in Section 66263.42 of Title 22 of the California Code of
Regulations, or as that regulation may be further amended, or in
Section 25250.8, if the generator, transporter, and facility are all
identified by the same EPA identification number on the hazardous
waste manifest.  Nothing in this paragraph affects the obligation of
a facility operator to submit to the department a copy of a manifest
pursuant to this section.
   (B) If the waste subject to subparagraph (A) is transported out of
state, the generator shall either ensure that the facility operator
submits to the department a copy of the manifest or the generator
shall submit a copy to the department that contains the signatures of
the generator, all transporters, excepting intermediate rail
transporters, and the out-of-state facility operator pursuant to
paragraph (3).
   (c) (1) The department shall determine the form and manner in
which a manifest shall be completed and the information that the
manifest shall contain.  The information requested on the manifest
shall serve as the data dictionary for purposes of the developing of
an electronic reporting format pursuant to Section 71062 of the
Public Resources Code.  The form of each manifest and the information
requested on each manifest shall be the same for all hazardous
wastes, regardless of whether the hazardous wastes are also regulated
pursuant to the federal act or by regulations adopted by the United
States Department of Transportation.  However, the form of the
manifest and the information required shall be consistent with
federal regulations.
   (2) Pursuant to federal regulations, the department may require
information on the manifest in addition to the information required
by federal regulations.
   (d) (1) Any person who transports hazardous waste in a vehicle
shall have a manifest in his or her possession while transporting the
hazardous waste.  The manifest shall be shown upon demand to any
representative of the department, any officer of the California
Highway Patrol, any local health officer, or any local public officer
designated by the director.  If the hazardous waste is transported
by rail or vessel, the railroad corporation or vessel operator shall
comply with Subchapter C (commencing with Section 171.1) of Chapter 1
of Subtitle B of Title 49 of the Code of Federal Regulations and
shall also enter on the shipping papers any information concerning
the hazardous waste which the department may require.
   (2) Any person who transports any waste, as defined by Section
25124, and who is provided with a manifest for that waste shall,
while transporting that waste, comply with all requirements of this
chapter, and the regulations adopted pursuant thereto, concerning the
transportation of hazardous waste.
   (3) Any person who transports hazardous waste shall transfer a
copy of the manifest to the facility operator at the time of
delivery, or to the person who will subsequently transport the
hazardous waste in a vehicle.  Any person who transports hazardous
waste and then transfers custody of that hazardous waste to a person
who will subsequently transport that waste by rail or vessel shall
transfer a copy of the manifest to the person designated by the
railroad corporation or vessel operator, as specified by Subchapter C
(commencing with Section 171.1) of Chapter 1 of Subtitle B of Title
49 of the Code of Federal Regulations.
   (4) Any person transporting hazardous waste by motor vehicle,
rail, or water shall certify to the department, at the time of
initial registration and at the time of renewal of that registration
pursuant to this article, that the transporter is familiar with the
requirements of this section, the department regulations, and federal
laws and regulations governing the use of manifests.
   (e) (1) Any facility operator in the state who receives hazardous
waste for handling, treatment, storage, disposal, or any combination
thereof, which was transported with a manifest pursuant to this
section, shall submit a copy of the manifest to the department within
30 days from the date of receipt of the hazardous waste.  The copy
submitted to the department shall contain the signatures of the
generator, all transporters, excepting intermediate rail
transporters, and the facility operator.  In instances where the
generator or transporter is not required by the generator's state or
federal law to sign the manifest, the facility operator shall require
the generator and all transporters, excepting intermediate rail
transporters, to sign the manifest before receiving the waste at any
facility in this state.  In lieu of submitting a copy of each
manifest used, a facility operator may submit an electronic report to
the department meeting the requirements of Section 25160.3.
   (2) Any treatment, storage, or disposal facility receiving
hazardous waste generated outside this state may only accept the
hazardous waste for treatment, storage, disposal, or any combination
thereof, if the hazardous waste is accompanied by a completed
standard California Uniform Hazardous Waste Manifest.
   (3) A facility operator may accept hazardous waste generated
offsite that is not accompanied by a properly completed and signed
standard California Uniform Hazardous Waste Manifest if the facility
operator meets both of the following conditions:
   (A) The facility operator is authorized to accept the hazardous
waste pursuant to a hazardous waste facilities permit or other grant
of authorization from the department.
   (B) The facility operator is in compliance with the regulations
adopted by the department specifying the conditions and procedures
applicable to the receipt of hazardous waste under these
circumstances.
   (4) This subdivision applies only to shipments of hazardous waste
for which a manifest is required pursuant to this section and the
regulations adopted pursuant to this section.
   (f) A generator, transporter, or facility operator may comply with
the requirements of Sections 66262.40, 66263.22, 66264.71, and
66265.71 of Title 22 of the California Code of Regulations by storing
manifest information electronically.  A generator, transporter, or
facility operator who stores manifest information electronically
shall use the standardized electronic format and protocol for the
exchange of electronic data established by the Secretary for
Environmental Protection pursuant to Part 2 (commencing with Section
71050) of Division 34 of the Public Resources Code and the stored
information shall include all the information required to be retained
by the department, including all signatures required by this
section.
   (g) The department shall make available for review, by any
interested party, information regarding the department's progress in
adopting revised regulations relating to hazardous waste manifests,
including specific requirements for milk run operations set forth in
Section 66263.42 of Title 22 of the California Code of Regulations.
   (h) The department shall make available for review, by any
interested party, the department's plans for revising and enhancing
its system for tracking hazardous waste for the purposes of
protecting human health and the environment, enforcing laws,
collecting revenue, and generating necessary reports.
  SEC. 2.  Section 25165 of the Health and Safety Code is amended to
read:
   25165.  (a) A hazardous waste transporter's application for
original and renewal registration shall be on a form provided by the
department.  Any application for an original or renewal registration
received on or after January 1, 2000, from a transporter that
transports, or intends to transport, used oil, antifreeze, oil/water
separation sludge or parts cleaning solvent pursuant to the modified
manifesting procedure specified in subdivision (b) of Section
25250.8, shall include a statement by the transporter notifying the
department of that transportation.
   (b) Any application for registration under this section shall be
filed with the department.
  SEC. 3.  Section 25175 of the Health and Safety Code is amended to
read:
   25175.  (a) (1) The department shall prepare and adopt, by
regulation, a list, and on or before January 1, 2002, and when
appropriate thereafter, shall revise, by regulation, that list, of
specified hazardous wastes that the department finds are economically
and technologically feasible to recycle either onsite or at an
offsite commercial hazardous waste recycling facility in the state,
taking into consideration various factors that shall include, but are
not limited to, the quantities of, concentrations of, and potential
contaminants in, these hazardous wastes, the number and location of
recycling facilities, and the proximity of these facilities to
hazardous waste generators.
   (2) Whenever any hazardous waste on the list adopted or revised
pursuant to paragraph (1) is transported offsite for disposal, the
department may request, in writing, by certified mail with return
receipt requested, and the generator of that waste shall supply the
department with a formal, complete, and detailed statement justifying
why the waste was not recycled, in writing, by certified mail with
return receipt requested, within 30 calendar days of receipt of the
department's request.  This statement shall include the generator's
assessment of the economic and technological feasibility of recycling
the wastes and may include, but is not required to be limited to,
the generator's good faith determination that sending the hazardous
waste to any recycling facility where it is feasible to recycle that
hazardous waste would constitute an unacceptable environmental or
business risk.  This determination by the generator shall be based
upon an environmental audit or other reasonably diligent
investigation of the environmental and other relevant business
practices of the recycling facility or facilities where it would
otherwise be feasible to recycle the waste.  If the request is made
of any entity listed in Section 25118 other than an individual, the
statement shall be issued by the responsible management of that
entity.  The department shall keep confidential any trade secrets
contained in that statement.
   (3) On or before January 1, 2002, the department shall establish a
procedure for the department to independently verify whether any
hazardous waste identified in the list adopted pursuant to paragraph
(1) is disposed of, rather than recycled.  The department shall, on
or before January 1, 2002, prepare and adopt those regulations that
the department finds necessary to ensure that it can fully perform
its duties pursuant to subdivisions (k) and (l) of Section 25170 to
encourage the exchange of hazardous waste and to establish and
maintain an information clearinghouse of hazardous wastes that may be
recyclable.
   (4) On or before July 1, 2000, the department shall establish an
advisory committee to advise the department on the development of the
regulations required or authorized by this section and on the
department's implementation of this section.  The advisory committee
shall consist of representatives of generators, hazardous waste
facility operators, environmental organizations, the Legislature, and
other interested parties.
   (5) In determining to which generators the department will send
the request specified in paragraph (2), the department shall give
priority to notifying generators transporting offsite for disposal
more than 1000 pounds per year of the type of hazardous waste that
would be the subject of the request, to the extent this
prioritization is feasible within the information management
capabilities of the department.
   (b) (1) If, after the department receives a statement from a
generator pursuant to paragraph (2) of subdivision (a), the
department finds the recycling of a hazardous waste to be
economically and technologically feasible, the department shall
inform the generator, in writing, by certified mail, return receipt
requested, that 30 days after the date the generator receives notice
of the department's finding, any of the generators' hazardous waste
transported offsite to which the department's finding applies shall,
after that date, be recycled.  The department may establish
procedures for rescinding or modifying any finding made by the
department pursuant to this paragraph if there is a pertinent change
in circumstances related to that finding.
   (2) Notwithstanding paragraph (1), the department shall not find
the recycling of a hazardous waste to be economically and
technologically feasible if a generator includes a good faith
determination in the statement submitted pursuant to paragraph (2) of
subdivision (a) that sending its hazardous waste to any recycling
facility where it is otherwise feasible to recycle the hazardous
waste constitutes an unacceptable environmental or business risk.
   (c) A generator who does not recycle a hazardous waste after the
generator receives a notice of the departments' findings pursuant to
subdivision (b) that the hazardous waste is economically and
technologically feasible to recycle is subject to five times the
disposal fee that would otherwise apply to the disposal of that
hazardous waste pursuant to Section 25174.1.
   (d) For purposes of this section,  "recycle" and "recycling" shall
have the same meaning as set forth in subdivision (a) of Section
25121.1.
  SEC. 4.  Section 25250.8 of the Health and Safety Code is amended
to read:
   25250.8.  Used oil, antifreeze, oil/water separation sludge, and
parts cleaning solvent, including, but not limited to, an aqueous
solution, shall be manifested under either one of the following
procedures:
   (a) The procedures prescribed by Sections 25160 and 25161.
   (b) The following modified manifesting procedure, which may be
used only for non-RCRA waste or for RCRA waste that is not required
to be manifested pursuant to the federal act or the federal
regulations adopted pursuant to the federal act and transported by a
registered hazardous waste transporter, and used only with the
consent of the generator:
   (1) A separate manifest shall be completed by each vehicle driver,
with respect to each transport vehicle operated by that driver for
each date.
   (2) The transporter shall complete both the generator's and the
transporter's section of the manifest using the transporter's name,
Environmental Protection Agency identification number, terminal
address, and phone number.  The transporter's section shall be
completed prior to commencing each day's used oil, antifreeze,
oil/water separation sludge, and parts cleaning solvent collections.
The driver shall sign and date the generator's and transporter's
sections of the manifest.
   (3) The transporter shall attach to the front of the manifest
legible receipts for each quantity of used oil, antifreeze, oil/water
separation sludge, or parts cleaning solvent that is received from a
generator.  The receipts shall be used to determine the total volume
of used oil, antifreeze, oil/water separation sludge, or parts
cleaning solvent in the vehicle.  After the used oil, antifreeze,
oil/water separation sludge, or parts cleaning solvent is delivered,
the receipts shall be affixed to the transporter's copy of the
manifest.  The transporter shall leave a copy of the receipt with the
generator of the used oil, antifreeze, oil/water separation sludge,
or parts cleaning solvent.  The generator shall retain each receipt
for at least three years.
   (4) All copies of each receipt shall contain all of the following
information:
   (A) The name, address, Environmental Protection Agency
identification number, and telephone number of the generator, and the
signature of the generator or the generator's representative.
   (B) The date of the shipment.
   (C) The state manifest number.
   (D) The volume of each waste stream received and its proper
shipping description, including the hazardous class and
identification number, if applicable.
   (E) The name and the address of the permitted facility to which
the used oil, antifreeze, oil/water separation sludge, or parts
cleaning solvent will be transported.
   (F) The transporter's name, address, and Environmental Protection
Agency identification number.
   (G) The driver's signature.
   (H) The receipts for antifreeze, oil/water separation sludge, or
parts cleaning solvent shall include a statement, signed by the
generator, certifying that the generator has established a program to
reduce the volume or quantity and toxicity of the hazardous waste to
the degree, determined by the generator, to be economically
practicable.
   (5) The transporter shall enter the total volume of each waste
stream transported on the manifest at the change of each date, change
of driver, change of transport vehicle, and upon the last delivery
of used oil, antifreeze, oil/water separation sludge, or parts
cleaning solvent to the receiving facility.  The total volume shall
be the cumulative amount of each waste stream collected from the
generators listed on the individual receipts.
   (6) The transporter shall submit the generator copy of the
manifest to the department within 30 days of each shipment.
   (7) The transporter shall retain a copy of the manifest and all
receipts for each manifest at a location within the state for three
years.
   (8) The transporter shall submit all copies of the manifest to the
designated facility.  A representative of the designated facility
that receives the used oil, antifreeze, oil/water separation sludge,
or parts cleaning solvent shall sign and date the manifest, return
two copies to the hauler, retain one copy, and send the original to
the department within 30 days.
   (9) All other manifesting requirements of Sections 25160 and 25161
shall be complied with unless specifically exempted under this
subdivision.
   (10) Antifreeze, oil/water separation sludge, and parts cleaning
solvents may be manifested under the procedures specified in this
subdivision only if all of the following requirements are satisfied:

   (A) The waste is either a non-RCRA hazardous waste, or it is a
RCRA hazardous waste that is not required to be manifested pursuant
to the federal act or the federal regulations adopted pursuant to the
federal act.
   (B) The generator enters into an agreement with the transporter in
which the transporter agrees that the transporter will submit a
confirmation to the generator that the hazardous waste was
transported to an authorized hazardous waste treatment facility for
appropriate treatment.  The agreement may provide that the hazardous
waste will first be transported to a storage or transfer facility in
accordance with the applicable provisions of law.
   (C) The generator meets one of the following conditions:
   (i) The antifreeze, oil/water separation sludge, or parts cleaning
solvent is accepted from a generator who has generated used oil that
was transported pursuant to the modified manifesting procedure
specified in this subdivision in the same 90-day period in which the
transporter accepts the antifreeze, oil/water separation sludge, or
parts cleaning solvent.  Parts cleaning solvent accepted pursuant to
this clause shall not be generated from any activity that is
physically and operationally separate and distinct from the activity
that generated the used oil that was transported pursuant to the
modified manifesting procedure specified in this subdivision.
   (ii) If the waste is parts cleaning solvent and the generator has
not generated used oil that was transported in the same 90-day period
in which the transporter accepts the antifreeze, oil/water
separation sludge, or parts cleaning solvent, the parts cleaning
solvent is accepted from a generator who does not generate more than
1,000 kilograms per month of non-RCRA hazardous waste.  For purposes
of this clause, any non-RCRA hazardous waste that is generated from
an activity that is physically and operationally separate and
distinct from an activity that generates the parts cleaning solvent
shall not be considered in calculating the amount of non-RCRA
hazardous waste generated by the generator, if none of the waste
generated from a physically and operationally separate and distinct
activity is accepted pursuant to the modified manifesting procedure
specified in this subdivision.
   (D) If the waste is oil/water separation sludge, the transporter
shall comply with both of the following requirements:
   (i) The transporter shall not accept more than 500 gallons of
oil/water separation sludge from any generator in any 30-day period.

   (ii) The oil/water separation sludge is generated from a catch
basin, clarifier, or similar collection device that is used to
collect water containing residual used oil and antifreeze and
incidental amounts of other substances and contaminants associated
with activities that generate used oil and antifreeze.
   (c) The department may adopt, by regulation, a requirement that
transporters using the modified manifesting procedures specified in
subdivision (b), or pursuant to Section 66263.42 of Title 22 of the
California Code of Regulations, submit a report to the department not
more than once every 3 months, summarizing the information required
to be contained in the receipts required pursuant to paragraph (4) of
subdivision (b).
  SEC. 5.  Section 25250.26 is added to the Health and Safety Code,
to read:
   25250.26.  (a) Every generator of used oil, other than the owner
or operator of a used oil collection center, as defined in Section
48622 of the Public Resources Code, or a household hazardous waste
collection facility, as defined in Section 25218.1, that transfers
used oil to a recycling facility, shall submit a certification to the
transporter that the used oil transferred meets the definition of
used oil pursuant to subdivision (a) of Section 25250.1.  The
certification shall specifically state that the used oil does
                                            not contain
polychlorinated biphenyls (PCBs) at a concentration of 5 ppm, or
greater, in accordance with clause (iv) of subparagraph (B) of
paragraph (1) of subdivision (a) of Section 25250.1.  This
subdivision shall not be construed to affect the methods that a
generator is authorized to use to determine whether its waste
constitutes used oil or hazardous waste pursuant to Section 66262.11
of Title 22 of the California Code of Regulations or under any other
regulation or provision of law.
   (b) (1) Any generator that falsely certifies pursuant to
subdivision (a) that the used oil transferred to a used oil recycling
facility does not contain PCBs at a concentration of 5 ppm or
greater shall be liable for damages equal to three times the amount
of any costs incurred by any transporter, facility owner or operator,
or any other person adversely affected by the false certification,
in a civil action that may be brought by the adversely affected
party.
   (2) In an action pursuant to this subdivision against a generator
whose used oil was commingled with used oil generated by other
generators prior to being delivered to the facility, the plaintiff
shall demonstrate, by clear and convincing evidence, that the
generator generated used oil containing PCBs at a concentration of
5ppm or greater.
   (c) For the purposes of this section, the calculation of damages
shall include any consequential damages caused by mixing the
incorrectly certified PCB-contaminated used oil with other used oil.

   (d) Nothing in this section shall affect the right of the
department or any other enforcement agency to institute an
administrative, civil, or criminal action against a generator that
has made a false certification.
   (e) Any plaintiff seeking damages pursuant to this section shall
give written notice to the director upon filing an action pursuant to
this section.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
